About the Abortion Act

The Abortion Act

Women’s right to choose an abortion is regulated
by The Act Relating to the Termination of Pregnancy of 1975. When
the act was introduced, the woman had to fill out an application,
then a committee of doctors decided if an abortion could be granted
or not. In 1978 women themselves were granted the right to decide
whether to terminate their pregnancies or not. This right is
limited in time, and is valid until the end of the twelfth week of
the pregnancy.

The Abortion Act regulates the rights and duties
of women, doctors, and hospitals in connection with induced
abortions. Most countries in Europe allow women the right to
terminate a pregnancy within the twelfth week, but legislation
varies somewhat.

To have an abortion, the woman must herself fill
out a form at a doctor’s office, whether that be a general
practitioner’s office, or at a hospital. The doctor is under
professional secrecy. If the woman is under 16 years of age, the
law states that parents or guardians should be allowed to make a
statement, unless there are weighty reasons against it. The woman’s
opinion is always consulted.

The doctor consulted by the woman is under
obligation to inform about how the abortion is carried out, and
possible complications. The doctor is also under obligation to
inform about the support provided by society, should the woman
decide not to have an abortion. The woman is under no obligation to
ask for this information.

When the woman signs the request for abortion, she
also has to confirm that she has received information about the
procedure, and possible complications. The woman also has to
confirm that she has received information about the support from
society available to her. She does not need to justify her
decision. The doctor shall, as soon as possible, forward the
woman’s request for abortion to the hospital.

The Abortion Act gives the woman the right to
receive information about contraceptives in connection with the
abortion. This is the woman’s right, but she decides if she wants
to receive this information or not.

The abortion is carried out at a hospital, and the
procedure is free. It is usual to meet at the hospital twice –
first for a pre-examination, then for the procedure itself. The
time between the first visit to the doctor, the pre-examination,
and the procedure varies. Usually, the woman stays at the hospital
for observation a few hours after the procedure. At the
pre-examination the woman is informed about the hospital
procedures. The Abortion Act gives health personnel the right not
to participate at the abortion itself, if they do not wish to.

The Abortion Act also regulates what happens if
the woman requests an abortion after the twelfth week of the
pregnancy. The woman may apply to terminate the pregnancy, either
through a doctor, or directly to the hospital. A committee
consisting of two doctors makes the decision about so-called late
abortions. The committee is obliged to consider the woman’s
reasons. If the application is denied, it is automatically
re-evaluated by a new committee, called an appeals committee.

According to the law, abortions between the
twelfth and the eighteenth week of the pregnancy may be granted
under certain circumstances. These include the mother’s health or
her social situation; if the baby is in great danger of severe
medical complications; or if the woman has become pregnant while
under-age, or after sexual abuse. After the eighteenth week the
reasons for terminating a pregnancy must be extremely weighty. An
abortion will not be granted if the foetus is presumed to be viable
at the time that the abortion is carried out.

Reference:

Act of 13 June 1975 Relating to the Termination of Pregnancy,
with Amendments of 16 June 1975